The parties could also use the anti-defector law to their advantage. In 2019, in Goa, 10 of the 15 Congress MPs merged their parliamentary party with the BJP. In the same year, in Rajasthan, six BSP MPs merged their party with the Congress (the case was heard by the Supreme Court), and in Sikkim, 10 of the 15 Sikkim Democratic Front MPs joined the BJP. It happened in 1967. The case became a basis for parliament to include the 10th Annex in the Indian Constitution. This law establishes the procedure by which legislators may be disqualified due to defections of the Speaker of a legislature on the basis of a petition from another Member. However, the law does not bind lawmakers to their political parties forever. The legislator may change parties without risk of disqualification in various specified circumstances. This law allows the party to merge with another if 2/3 of the members accept this merger. None of the members will be charged with defection in such a case. In other cases, if a person has been elected president and has had to resign from his or her party for that reason, he or she may join the party when he or she leaves that position. Review the provisions of the Anti-Defection Act.

Has this law largely missed its purpose? Discuss. The anti-defector law recently made headlines when the Calcutta Supreme Court called on West Bengal Assembly Speaker Biman Banerjee to pass a defector case involving Mukul Roy (a state deputy). Learn all about this law here and how it works for the benefit of the Indian Constitution and democracy in the following article. The decision on matters of disqualification due to defection shall be referred to the Speaker or Speaker of the Chamber and its decision shall be final. GK Anti-Defectory Bill Quiz and Central Bureau of Investigation (CBI) Anti-defection procedures are also underway in other states. In Jharkhand, former CM Babulal Marandi is facing such a trial after merging his party, Jharkhand Vikas Morcha (Prajatantrik), with the BJP. In Rajasthan, six MPs from the Bahujan Samaj Party (BSP) merged their legislative party with the ruling Congress, a decision challenged by the BSP, and the Supreme Court recently gave the six MPs a final opportunity to declare the merger. In Lok Sabha, two Trinamool deputies and a YSR Congress party are on trial. The Trinamool Congress wants to disqualify its two MPs (one of them is Sisir Adhikari, Suvendu`s father) to join the BJP, and the YSRCP wants to disqualify its MP for „anti-party activities“.

The law stipulates that the legislature has committed a defection if he voluntarily renounces his membership in his party or, in other cases, if he does not take into account the instructions of the party leadership in a vote in the House of Parliament. The conclusion of this action is drawn as the legislator defies the party whip. The Supreme Court of Calcutta has set Thursday, October 7 as the deadline for West Bengal Assembly Speaker Biman Banerjee to issue an order in the case of the defection of MP Mukul Roy. He ran and won the 2021 general election on a BJP ticket, and then joined the Trinamool Congress. BJP MP Suvendu Adhikari, the opposition leader in the Assembly, asked the president to disqualify Roy and two other BJP MPs to join the Trinamool Congress. These petitions fall under the tenth schedule of the Constitution, i.e. the anti-defection law. In India, there have been many cases of defectors. Many MPs and MPs have changed parties. In Jharkhand, former CM Babulal Marandi is also facing a tenth trial scheduled after merging his party, Jharkhand Vikas Morcha (Prajatantrik), with the BJP.

We hope that the above explanation will explain a lot about the law to readers. A violation of the law in any of these scenarios may result in a legislator being punished for defection. The presidents of the legislature (spokesman, president) are the decisive authorities in such cases. The Supreme Court has ruled that legislators can challenge their decisions before the high judiciary. The law does not provide for a time limit within which the president must rule on a defection case. There have been many cases where a spokesperson has not determined the case of a Member expiring before the end of parliament. There have also been cases where defecting MPs have become ministers while a defector petition against them was pending with the President. Last year, the Supreme Court sacked a Manipur minister when the spokesman failed to rule on the defector`s motion against him, even after three years. The court ruled that speakers should ideally make a decision on a defector`s request within three months. Some commentators said the law had failed and recommended its removal.

Former Vice President Hamid Ansari suggested that this only applies to rescuing governments in motions of censure. The Electoral Commission has proposed that it be the decisive authority in the event of a defection. Others argued that the president and governors should hear petitions from defectors. And last year, the Supreme Court said Parliament should establish an independent tribunal headed by a retired judge from the higher judiciary to rule on defection cases quickly and impartially. The anti-defector law punishes MPs who leave one party for another. It allows a group of MPs/MPs to join another political party (i.e. merge with it) without claiming punishment for defection. And it does not punish political parties for encouraging or accepting flawed lawmakers. Parliament included it in the Constitution in 1985 as the tenth calendar.

Its aim was to bring stability to governments by discouraging lawmakers from changing parties. It was a reaction to the overthrow of several state governments by MPs who were skipping the party after the 1967 general election. Decisions according to the tenth calendar were to be taken by the president/governor on the binding opinion of the electoral commission. In the event that a designated member joins a political party after 6 months, the president`s decision is subject to judicial review: it all began with one sentence – „Aya Ram Gaya Ram“, which gained popularity in the Indian community after Haryana MP Gaya Lal changed parties three times on the same day. InsightsIAS has redefined, revolutionized and simplified the way aspirants prepare for the upsc public service exam. Today, it is India`s best website and an institution when it comes to providing high-quality content, tips and lessons for the IAS exam. The Tenth Annex was incorporated into the Constitution in 1985 by the 52nd Amending Act. The reasons for the disqualification of a member are as follows, which are listed in the following table: When an elected member voluntarily renounces his membership in a political party, Various recommendations to overcome the challenges of the law: Who is Abhinandan Varthaman and why did he spend 60 hours as a prisoner in Pakistan? The answer is no, the Indian Constitution has defined a law against them – the Anti-Defector Act, which is included in the Tenth Schedule of the Indian Constitution. Check all the details below. If an independently elected member joins another party If a member of a house belonging to a political party: Read also| UPSC Prelims 2021: How to Revise the UPSC Program and Excel in CSAT by Experts The law originally provided that the president`s decision would not be subject to judicial review. This condition was lifted by the Supreme Court in 1992, allowing appeals against the President`s decision to the Supreme Court and the Supreme Court.

No. Parties often have to sequester MPs in resorts to prevent them from changing their loyalty or being poached by a rival party or an opposing faction of their party. Recent examples include Rajasthan (2020), Maharashtra (2019), Karnataka (2019 and 2018) and Tamil Nadu (2017). However, legislators may change parties in certain circumstances without the risk of disqualification: procedures related to disqualification under Schedule 10 are considered procedures in the parliament or legislature of a state, as the case may be. Case Kesavananda Bharati explained in the event that the party member votes in the House of Representatives or abstains from voting, contrary to the instructions of his political party. Attack on representative and parliamentary democracy: The disqualification occurred on the grounds that Mr. Lalduhoma had declared himself a representative of the Zoram People`s Movement (ZPM), although he had been elected as an independent candidate for the Serchhip Assembly constituency. Nanda Ashirwad Complex, 3rd Floor, above the village hypermarket, Chandralyout Main Road, Attiguppe, Bengaluru – 560040 Relevance: GS2 – Indian Constitution, Constitutional Amendments Mukul Roy had challenged the elections on behalf of the BJP ticket and later joined the Trinamool Congress.

The first question that comes to the mind of a normal citizen of India is: is it allowed? Topics covered: Indian Constitution – historical foundations, development, features, changes, important provisions and basic structure. Answer: The judiciary is the power exercised by the courts of a country to review the activities of the legislative, executive and administrative branch of government to ensure that they are consistent with the country`s constitution. Disqualification should be limited to the following cases: originally, the law stipulated that the president is not subject to judicial review. However, this was overturned by the Supreme Court in 1992. It was also noted that there would be no intervention until the Chair gave his order. The first Indian MP to be disqualified by the Lok Sabha was disqualified as a Mizoram MP. .